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Madras High CourtWP(MD)/28722/2025disposed of

Nesam College Of Health Science, v. The Registrar,

2025-12-02Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.28722 of 2025 and W.M.P(MD) Nos.22326, 22328 and 22329 of 2025 Nesam College of Health Science, Represented by its Chairman, Mr.K.Syed Mohamed Yousuf Sahib, B-6, Jawahar Nagar, N.G.O.B.Colony, Tirunelveli - 627 007.

...Petitioner

Vs The Registrar, Tamil Nadu Dr.MGR Medical University, 69, Anna Salai, Guindy, Chennai - 600 032.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order of the respondent vide his impugned proceedings in Affln.V(4)/02495/2019, dated 14.07.2025 and quash the same as illegal. For Petitioner : M/s.H.Jasima Yasmin for M/s.Ajmal Associates For Respondent : Mr.A.S.Vaigunth 1/6

O R D E R

The present Writ Petition has been filed by an Institution running Allied Health Science Course, challenging the order of the respondent dated 14.07.2025, wherein the petitioner institution has been directed to stop fresh admission for the academic year 2025 - 2026 and they have been further directed to re-locate the students admitted in the year 2024-2025 to another nearby institution.

2. A perusal of the records reveal that the institution is running from the year 2019 after getting affiliation with the Tamil Nadu Dr.MGR Medical University. A show cause notice was issued on 22.05.2024 alleging that there are certain defects found in the institution. It was followed an explanation offered by the petitioner Institution on 27.05.2024. Thereafter, surprise inspection was conducted on 06.08.2024.

3. One year thereafter, a resolution was passed by the respondent wherein it was resolved that further admission for the academic year 2025-2026 should be stopped and students who were admitted in the previous academic year 2024-2025 shall be re-located to a nearby institution. Based 2/6

upon the resolution, the impugned order came to be passed on 14.07.2025. This order is put to challenge in the present Writ Petition.

4. At the time of admission, interim order was granted by this Court protecting the candidates who were admitted during the academic year 2024-2025. The learned counsel appearing for the petitioner submits that the petitioner institution has not admitted any students for the academic year 2025-2026.

5. The learned counsel appearing for the respondent submits that several discrepancies/defects have been found in running of the Institution which has resulted in passing the impugned order.

6. Heard both sides and perused the materials on records.

7. The facts narrated above will clearly indicate that the students for the academic year 2024-2025 have been admitted in the month of July 2024, but surprise inspection was conducted only on 06.08.2024. The resolution has been passed by the respondent to relocate the students to another institution was passed only on 14.07.2025. In such circumstances, it is clear that after a 3/6

long period of one year, resolution has been passed stopping fresh admission to the petitioner Institution and it would cause great prejudice and hardship to the petitioner institution. Therefore, this Court is of the view that the students who have already been admitted in the petitioner Institution for the academic year 2024-2025 shall be permitted to complete the course in the said institution.

8. The learned counsel appearing for the petitioner further submits that as per the new regulation they have taken on lease three acres of land and they are going to shift the present institution to a new campus. Therefore, the authorities may be directed to inspect the new buildings where institution is going to come up. Based upon the inspection report, they may take a decision for admission of the students for the academic year 2026 - 2027.

9. In view of the above discussion, this Court is inclined to pass the following order:

(a) the students who were admitted in the petitioner Institution for the academic year 2024-2025, shall be permitted to continue in the same Institution in the same premises or in different premises;

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(b) as far as the admission of fresh students for the academic year 2026- 2027 is concerned, the respondent shall make an inspection of the new premises said to have been taken on lease and based upon the report, they are directed to take decision and pass orders in accordance with law.

10. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

02.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To The Registrar, Tamil Nadu Dr.MGR Medical University, 69, Anna Salai, Guindy, Chennai - 600 032.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.28722 of 2025 02.12.2025 6/6